- (a) Any interested person may petition for the adoption or amendment of a rule by filing a petition on a form approved by the commissioner of education. The petition shall be submitted to the commissioner of education or a designee. In consultation with the persons in the Texas Education Agency who are responsible for the area with which the rule is concerned, the commissioner of education shall evaluate the merits of the proposal to determine whether to recommend that rulemaking proceedings be initiated or that the petition be denied.
(b) In accordance with the Texas Government Code, §2001.021, the agency must respond to a petition for the adoption or amendment of a rule within 60 days.
- (1) Where possible, the commissioner's recommendation concerning the petition shall be placed on the board agenda, and the board shall act on the petition within the 60-day time limit.
- (2) Where the time required to review the petition or the scheduling of board meetings will not permit the board to act on the petition within the required 60 days, the commissioner of education or a designee shall respond to the petitioner within the required 60 days, notifying the petitioner of the date of the board meeting at which the recommendation will be presented to the board for action.
- (c) The State Board of Education will review the petition and the recommendation of the commissioner and will either direct the commissioner to begin the rulemaking process or deny the petition, giving reasons for the denial. The commissioner will notify the petitioner of the board's action related to the petition.
Source Note:The provisions of this §30.1 adopted to be effective December 5, 2004, 29 TexReg 11339.